Do You Need TOD or POD If Your Will Leaves Property to Your Daughter? — Nevada Guide

Detailed answer — what actually controls your property after you die

In Nevada, a will controls only the property that still belongs to your probate estate when you die. Many common assets bypass probate because state law or contract already gives them a beneficiary outside the will. That means having a will that leaves “everything” to your daughter does not automatically move assets that have their own beneficiary mechanism to the estate.

Key points:

• Assets with a beneficiary designation (for example, bank accounts with a payable-on-death (POD) or transfer-on-death (TOD) designation, retirement plans with named beneficiaries, life insurance, and some investment accounts) pass directly to the named beneficiary outside of probate. Your will does not change that outcome.
• Real estate in Nevada can be transferred on death through a recorded transfer-on-death deed. Nevada’s statutes governing deeds and conveyances are found in Chapter 111 of the Nevada Revised Statutes. See Nevada Revised Statutes, Chapter 111: https://www.leg.state.nv.us/NRS/NRS-111.html
• If you have a recorded TOD deed that names a beneficiary, that deed governs who gets the property at your death regardless of what your will says about that same real property. Similarly, a POD designation on a bank account governs distribution of that account.
• If you do not use TOD/POD instruments, the property that is solely in your name generally goes through probate and will pass according to your will (unless other law applies).

Practical implications for your situation:

1. If you already named your daughter as the beneficiary on each POD/TOD account or on recorded TOD deeds, the will leaving property to your daughter may be redundant for those assets. However, redundancy can be helpful as a backup for assets that do end up in probate.
2. If some assets have no beneficiary or have a different beneficiary listed, those assets will not follow the will if the beneficiary designation governs that asset. For example, a bank account with a POD to someone else will go to that named person even if your will leaves “everything” to your daughter.
3. If you intend all assets to pass to your daughter, you must make sure each asset’s title or beneficiary designation aligns with that intention. A will alone does not change beneficiary forms or recorded deeds that operate outside probate.

When a TOD or POD designation is particularly useful

You should consider a TOD deed for real estate if you want to avoid probate for that parcel. A POD or beneficiary designation for accounts and retirement plans is useful to keep those assets out of probate and to provide a faster transfer to your intended recipient.

Things that can go wrong if you rely only on a will

• A will cannot override an effective beneficiary designation or recorded TOD deed. That can produce unintended beneficiaries.
• Unrecorded or improperly executed TOD deeds may fail, forcing real property into probate despite your wishes.
• Conflicts between documents (for example, a TOD deed to someone else plus a will to your daughter) can create family disputes and title headaches for survivors.

Formalities and revocation

TOD deeds and many beneficiary designations require specific steps to be fully effective. For real property, Nevada law requires a properly executed and recorded deed to create a transfer-on-death interest. For bank and brokerage accounts, the financial institution’s rules and state law control how to name or change a POD/TOD beneficiary. If you later sell the property, change account ownership, or properly revoke the TOD/POD, the designation will not apply at death.

Other legal considerations

• Creditors: Assets that pass outside probate may still be reachable by creditors in some circumstances, but creditors typically file claims against the probate estate. Avoiding probate does not always avoid creditor claims.
• Taxes and benefits: Passing assets outside probate can have different estate tax, income tax, and public benefits consequences than probate transfers.
• Medicaid and public benefits: Beneficiary designations and transfers can affect eligibility for means-tested benefits. Timing and intent matter for Medicaid planning.
• Family changes: Marriage, divorce, births, and deaths can change who should be the beneficiary. Nevada law has certain rules about how divorce affects family law instruments; make sure you update beneficiary designations after major life events.

Bottom line: if you want all of your property to pass to your daughter without surprises, do not rely on a will alone. Review every asset’s title and beneficiary form. Use TOD deeds and POD designations where appropriate, and confirm each instrument is properly completed and recorded. Coordinate those documents with your will so that each asset clearly follows your intent.

Helpful statutory reference: Nevada Revised Statutes, Chapter 111 (Real Property) — for recorded deeds and conveyances: https://www.leg.state.nv.us/NRS/NRS-111.html

Helpful Hints

• Inventory every asset: list bank accounts, investment accounts, retirement accounts, life insurance policies, and real estate and note the current beneficiary or title for each.
• Check beneficiary forms: make sure each beneficiary designation names the correct person (and contingent beneficiaries) and that the form is current with the institution.
• Record deeds correctly: if you plan to use a TOD deed for Nevada real estate, work with a title company or attorney to prepare, sign, notarize, and record the deed according to Nevada requirements.
• Coordinate documents: align your beneficiary designations and any TOD deeds with your will. Where possible, make them explicitly consistent so they don’t conflict.
• Update after life events: after marriage, divorce, birth of grandchildren, or death of a beneficiary, review and update beneficiary designations and deeds.
• Keep copies and tell your daughter where documents are: store originals in a safe place and let a trusted person know how to find them.
• Consider title problems: if you use TOD deeds, ensure there are no mortgages, liens, or other encumbrances that complicate transfer at death.
• Seek targeted legal advice: when you have complex assets, blended families, creditor risks, or public benefits concerns, consult an attorney to plan and implement the right combination of will, TOD deeds, and beneficiary designations.